[fordgtlover]

^

Denke stated in his letter that he was unsure which of the specific patents he was supposedly infringing, and suggested that MC were just throwing their IP portfolio covering RCA connectors in his general direction in an attempt to baffle him.

 

[chesebert]

Quote:

Originally Posted by infinitesymphony /img/forum/go_quote.gif He said in the letter that he would be willing to deal with Monster if the patents they presented for their case turned out to be valid and relevant, but I doubt he would have written such a letter in the first place if that were the case. It's pretty clear that he believes Monster has absolutely no case, nor a great deal to benefit from winning the case even if they somehow prove their points. Either way, it's better than saying, "Okay, how much do I owe you?" every time a company steps in claiming to have a monopoly on the patents for widespread technologies. It makes me wonder what happened with Monoprice, since their "Premium" RCA cables are practically the exact same thing.

I think its disingenuous on BJC's end to assume that Monster has no case, to assume the attorney has not done his due diligence in drafting the c/d letter, and to assume that the attorney had violated his ethical duty to 'stop, look and think' before sending that c/d letter out.

 

[chesebert]

Quote:

Originally Posted by fordgtlover /img/forum/go_quote.gif ^ Denke stated in his letter that he was unsure which of the patents he was supposedly infringing, and suggested that MC were just throwing their IP portfolio covering RCA connectors in his general direction in an attempt to baffle him.

here again BJC is being disingenuous, instead of calling Monster's attorney and discussing the issues and the relevant claims, he is asking for everything including the kitchen sink; Monster would probably end up saving money if they just sued BJC from the outset.

In other words, BJC's letter was written in bad faith; not wise if you ask me.

 

[braillediver]

Monster has already won in some small way because Kurt Denke took the time to respond. Monsters Attorneys got paid regardless of what Mr. Denke does. Instead of doing something constructive and profitable for his company Mr. Denke responded to Monsters baseless complaint. If he were to respond at all it should be to a legal filing. Monster has what could be considered unlimited resources and Mr. Denke doesn’t so it is best he apply his efforts in the most meaningful and most profitable way.

After all when the dust settles it’s who wins not who had the best rallying cry.


Mitch

 

[chesebert]

Quote:

Originally Posted by braillediver /img/forum/go_quote.gif Monster has already won in some small way because Kurt Denke took the time to respond. Monsters Attorneys got paid regardless of what Mr. Denke does. Instead of doing something constructive and profitable for his company Mr. Denke responded to Monsters baseless complaint. If he were to respond at all it should be to a legal filing. Monster has what could be considered unlimited resources and Mr. Denke doesn’t so it is best he apply his efforts in the most meaningful and most profitable way. After all when the dust settles it’s who wins not who had the best rallying cry. Mitch

you are right to say that BJC should have filed law suit first, could it be that BJC actually don't believe they have a case, and not the other way around?

 

[infinitesymphony]

Quote:

Originally Posted by braillediver /img/forum/go_quote.gif Monster has what could be considered unlimited resources and Mr. Denke doesn’t so it is best he apply his efforts in the most meaningful and most profitable way. After all when the dust settles it’s who wins not who had the best rallying cry.

That's the same logic Monster has used to strong-arm other small companies into paying licensing fees. If BJC is right, it could be a win for small businesses, and a much greater loss for Monster. If what Mr. Denke says in his letter is true, Monster has been participating in some fraudulent business practices.

Quote:

Originally Posted by chesebert /img/forum/go_quote.gif you are right to say that BJC should have filed law suit first, could it be that BJC actually don't believe they have a case, and not the other way around?

What basis would BJC have for filing a lawsuit? Monster made the first move, and now the onus is on them to prove their case. It's not Mr. Denke's obligation to make their case easy to prove, which is why he's requesting all of the available information.

 

[chesebert]

Quote:

Originally Posted by infinitesymphony /img/forum/go_quote.gif That's the same logic Monster has used to strong-arm other small companies into paying licensing fees. If BJC is right, it could be a win for small businesses, and a much greater loss for Monster. If what Mr. Denke says in his letter is true, Monster has been participating in some fraudulent business practices. What basis would BJC have for filing a lawsuit? Monster made the first move, and now the onus is on them to prove their case. It's not Mr. Denke's obligation to make their case easy to prove, which is why he's requesting all of the available information.

dec action; very common; and very smart move on BJC's end had they moved.

 

[ianp]

I used to work in Brisbane CA, hometown of Monster.

 

[fordgtlover]

I'd bet that MC's lawyers have sent that same letter a few (dozen) times over the years to various competitors. The lawyers throw the whole of the IP portfolio at them and see which one sticks. Low cost initial strategy for MC. If they really believe that they have an infringement case they may pursue BJC. If MC really believe that BJC is a serious competitor, they may pursue BJC regardless of how strong they actually believe their infringement case may be. Business tactics are alive and well - buy 'em or beat 'em. If you can't bet 'em in the market place, find another arena.

My 2 cents anyway.

 

[MP3guy]

Quote:

Originally Posted by chesebert /img/forum/go_quote.gif I think its disingenuous on BJC's end to assume that Monster has no case, to assume the attorney has not done his due diligence in drafting the c/d letter, and to assume that the attorney had violated his ethical duty to 'stop, look and think' before sending that c/d letter out.

Yeah? What country do YOU live in? Read Denke's letter again- especially when he talks about "merit-based" litigation.

 

[MP3guy]

Quote:

Originally Posted by chesebert /img/forum/go_quote.gif you are right to say that BJC should have filed law suit first, could it be that BJC actually don't believe they have a case, and not the other way around?

May I suggest reading Mr. Denke's letter in full- twice- so that your own question might be answered?

 

[ingwe]

That...letter...was...beautiful.

 

[chesebert]

Quote:

Originally Posted by MP3guy /img/forum/go_quote.gif May I suggest reading Mr. Denke's letter in full- twice- so that your own question might be answered?

?? my opinion still stands, if BJC thinks reasoning with Monster won't work then they should have filed the suit first. You think that letter will scare Monster and their counsel?

 

[wower]

Sorry bert; your arguments in this thread are not up to your normaly high standards. You had a good argument to begin with but then took it too far (as stubborn people are liable to do, myself included). Now it just seems like you're asking everyone to suspend our common sense in the hope we will see your point. It's really quite absurd.

 

[chesebert]

Quote:

Originally Posted by wower /img/forum/go_quote.gif Sorry bert; your arguments in this thread are not up to your normaly high standards. You had a good argument to begin with but then took it too far (as stubborn people are liable to do, myself included). Now it just seems like you're asking everyone to suspend our common sense in the hope we will see your point. It's really quite absurd.

I think I've made several points in this thread, not quite sure which one you are referring to.

I think the natural response to C/D letter is probably to file a declaratory action unless there is room for negotiation (probably not in this case). I don't see why BJC took all this time to write that long mail...granted it did conjure up quite a storm against Monster...maybe that's the purpose

I am curious to see what Monster does...I am guessing they will file the suit first...who knows.